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What a mess, Charley Whiting from his emails seems to be attempting to give advice on an area he knows he cant provide permission on, Mercedes fail to take his advice, and yet use that advice as evidence that they were in the right.
They are not stupid people, Ross Brawn is a master tactician, on receiving that email they would of done exactly what an F1 team attempt to do with all aspects of formula 1 - launched a plot straight away to maximise their advantage by using technically plausible interpretations.
- They know the rules, they know that the FIA don't harshly punish those that can prove no intention to break rules.
- On seeing that email, it would of been an instant realisation that they could use the past Pirelli test invites as a technically plausible way to test with the current car
- They used current drivers to be able to know what tire (current or next year) was being used, giving them a perfect baseline comparison with driving style taken into account, and with kno

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